Gaanesh R. Daalvi

Sr. Adv. High Court, Mumbai.

NRI Inheritance Law in India

India’s Legal Lion Speaks to NRIs Worldwide

“The law must work for you, not against you. It’s not about knowing the system. It’s about having someone inside it who protects your truth.”
— Sr. Advocate Gaanesh R. Daalvi

For countless Non-Resident Indians (NRIs), dealing with ancestral property, inheritance disputes, or encroachments back home can be a source of immense stress. Legal paperwork, unclear land titles, family disagreements, and lack of physical presence often create a frustrating and costly web of delays. When you’re thousands of miles away, defending your rights in the Indian legal system may feel impossible.

 

Enter Sr. Advocate Gaanesh R. Daalvi, a respected name across India’s legal corridors with over 25 years of courtroom experience. From the High Courts of Mumbai and Delhi to family and property tribunals across states, he has represented clients in inheritance battles, land encroachment cases, partition disputes, succession claims, and civil and criminal litigation.

What sets Advocate Daalvi apart is his deep understanding of NRI legal challenges. He has helped clients around the world reclaim their rightful property, assert legal heirship, prevent fraud, and resolve family conflicts—without them ever stepping foot in an Indian courtroom. With a strategic approach, he cuts through red tape, acts through power of attorney, and ensures your interests are protected at every stage.

In this special edition of “Ask Your Attorney”, Advocate Daalvi answers the most pressing questions NRIs ask when seeking justice across borders. Whether you’re dealing with a stalled inheritance, illegal construction on family land, or fear title fraud on unmonitored property—his guidance will help you navigate the path to rightful ownership and legal clarity.

Q: My name is not on any documents, but I was told I have a share. What now?

Gaanesh R. Daalvi explains:
Verbal assurances may feel binding, but in the eyes of the law, documentation speaks louder. If your name isn’t on property documents but you’ve been assured a share, you may still have a legal claim—especially in ancestral property. Indian law allows oral agreements, but proving them requires strong evidence like witness testimony, possession, or digital proof. Legal steps may include obtaining a legal heir certificate, reviewing land records, issuing a legal notice, and filing a partition or declaration suit. For NRIs, a Power of Attorney may be required.

 

Q: I just found out my uncle sold our ancestral landwithout telling me. Can I challenge it?

Legal insight from Advocate Daalvi:
Yes, you can challenge the sale. Ancestral property belongs jointly to all coparceners, and no single heir can sell it without full consent unless there was a legal necessity. We will verify the property’s ancestral status, obtain documents, and issue a legal notice. If required, we will file a suit for partition or cancellation. It is imperative to act quickly, as courts require prompt action.

 

Q: I’ve lived abroad for decades. Does that affect my legal standing?

Here’s what Advocate Daalvi wants you to know:
Where you live has no bearing on your inheritance rights. Living abroad does not affect your coparcenary rights—ancestral property rights under the Hindu Succession Act remain intact. You retain full legal standing. To act remotely, a properly executed Power of Attorney enables document handling, court filings, and compliance with FEMA and succession procedures. The law protects NRIs equally. You may be distant, but your claim isn’t.

 

Q: I used a lawyer in India, but I keep getting vague updates. What’s different here?

According to Sr. Advocate Daalvi:
At IndUS, we believe transparency isn’t optional—it’s essential. Unlike vague and delayed updates you may receive elsewhere, we bring U.S.-level client care to Indian litigation. With on-ground legal authority across India, decades of global leadership, and a commitment to clear, steady communication, we give you strategic clarity every step of the way—not guesswork.

 

Q: I fear my parents are being pressured into rewriting their will. What can I do from overseas?

A word of caution from Advocate Daalvi:
This is an emotional and legal emergency. If you’re overseas and suspect undue pressure on your parents to rewrite their will, you can still act decisively. We can file a caveat if probate is sought, gather evidence (medical reports, communications, witness testimonies), and initiate a suit challenging the will under grounds like fraud, coercion, undue influence or lack of testamentary capacity. Remember, once the will is probated, reversing it is much harder—so acting swiftly is crucial.

 

Q: My sibling refuses to share rental income from our joint property. Do I have legal standing?

Gaanesh Daalvi clarifies:
As a co-owner of joint property in India, you are legally entitled to your share of the rental income, irrespective of who collects it. Indian property law recognizes that all co-owners possess equal rights to the entire property, not just their individual portions. If your sibling refuses to share the rental income, you can demand an accounting of profits. Should this not resolve the issue, you have the right to file a civil suit for mesne profits, seeking compensation for your share of the income earned without your consent. Additionally, if disputes persist, we can initiate a partition suit in court to divide the property or sell it and distribute the proceeds equitably.

 

Q: Can you help draft a will that’s valid in both the U.S. and India?

His answer is clear:
Yes, we specialize in drafting enforceable, cross-border wills that are legally recognized in both the U.S. and India. These wills are meticulously crafted to comply with the legal requirements of both jurisdictions, ensuring clarity and enforceability. To further authenticate the will, we facilitate notarization and apostille processes, and, when necessary, registration under Indian Succession Law. This comprehensive approach ensures that your testamentary wishes are honored across borders, providing peace of mind for you and your beneficiaries.

 

Q: My cousin has started building illegally on family land. What are my options?

Adv. Daalvi responds:
You have full legal rights to protect your family land from illegal construction by your cousin. We would start by verifying ownership and sending a legal notice to stop the construction. Further we can also file a civil suit for injunction or possession, and approach police or revenue authorities for intervention. Appointing a Power of Attorney in India can help manage proceedings if you cannot be present. Local municipal laws can also support demolition of unauthorized structures.

 

Q: I’m worried about title fraud on unmonitored property. Can you protect it?

Straight from the Advocate’s desk:
We can help you safeguard your unmonitored property from title fraud by ensuring all ownership and mutation records are current, verifying title documents, and regularly obtaining Encumbrance Certificates. We will also register for state property alerts, issue public notices if needed, and, if required, secure court injunctions to block unauthorized transactions. With a registered Power of Attorney, we can act swiftly on your behalf—because in property matters, prevention is far more powerful than litigation.

 

Q: My father died years ago, and I don’t know where the documents are. Can I still claim the property?

He reassures:
I assure you that missing documents do not invalidate your rightful claim under the Hindu Succession Act. We initiate legal heirship certification, retrieve land records from the registrar, and reconstruct the ownership trail through legal and revenue channels. From mutation to affidavit filings and, if needed, court proceedings, we take every step to secure your rightful share. Your inheritance is a legal right—not dependent on physical paperwork.

 

Navigating legal issues from abroad can feel overwhelming, but with the right counsel, your rights remain fully protected. Sr. Advocate Gaanesh R. Daalvi offers not just legal representation, but strategic action tailored to the unique challenges NRIs face. Whether it’s inheritance, property disputes, or safeguarding ancestral assets, justice doesn’t have to wait for your return to India. With experience, precision, and commitment, your legal journey can move forward—swiftly and securely—from wherever you are in the world.

“Delay is the deadliest form of denial. NRIs lose more due to hesitation than injustice. Legal systems respond best to those who act.”

— Sr. Advocate Gaanesh R. Daalvi

Contact Us

📧 Email: indusynergypartners@gmail.com

📞 Phone: +1 (361) 910-5313 | +1 (361) 910-3199

You deserve clarity. Let us help protect your legacy.